QuestionMy husband and I were in a car accident Nov 2005 where our car was rear-ended by a driver going approximately 35 mph and we were almost stopped for the red light. I sustained neck and back injuries as did my husband and I started having severe headaches after the accident that I hadn't experienced before. We were both under chiropractic care at the time it happened as we had prepaid $4,600 for a series of visits. (I would NEVER do that again - he used scare tactics to lead us to believe if we didn't sign up for a series of treatments, our spines would deteriorate and we would almost be crippled and the cost of prepaying was almost half) After the accident our chiropractor insisted on doing X-rays and an analysis of our injuries and a plan of treatment to extend beyond the timeframe of what we had already prepaid.
The chiropractor referred us to an attorney who never returned our calls so we handled everything on our own. After numerous phone calls and emails and working with three different settlement agents at the other driver's insurance company, we finally settled in November 2006. The settlement covered our car repairs, some money for ongoing chiropractic care, some money for the setback of chiro care that we had already paid the $4,600 for and spent all the time going to appointments,pain and suffering as well as money to partially reimburse us for a personal fitness training program that we had paid $3,200 for and started prior to the accident and then weren't able to continue with because of our injuries. The settlement was less than $10,000.
Our problem is that the chiropractor had submitted a $3,000 bill to the insurance company for "analyzing our injuries" from the accident. The analysis consisted of a 40 minute appointment for each of us with X-rays and range of motion analysis (done by an assistant he had just hired). When we originally started with him, this same analysis was "on special" for $35.00 with a "value" of $240.00. We also did not fulfill the 5 or 6 remaining visits we had prepaid as our work schedules changed and his office had limited days when they were open for appointments and we had also become aware that he had acquired a somewhat surly attitude with us and we didn't want to continue with him.
This chiropractor is now calling us telling us he has just this week called the insurance company and since they told him they had settled with us he's demanding his $3,000. He's very angry that we didn't let him know we received a settlement last November and that we have not paid him. He told us that when he talked to the insurance company, they told him that they had given us a check that included "his" money. He also said that he had "put a lot of work in on our case". His work consisted of writing out a bill and sending it to the insurance company and now these phone calls. I thought we were probably square with him as we did not use the 5 or 6 remaining treatments that we had prepaid that I figured to be worth at least $300 and we went to another chiropractor for treatment after the accident and spent over $1,200 on that. Given that we originally paid $70 for our analysis, I can't see how it could be anywhere close to $3,000 for the same analysis. I feel that he inflated his analysis fee to $3,000 thinking the insurance company would just write him a check. I'm thinking this since we have never received a bill from him - he had just made one out for the insurance company.
I'm also concerned that the insurance company is discussing our settlement with him - is that normal for them to do that? While we were going to him he was also always trying to sell us special shoes and supplements and pillows. We did do the supplements which cost us about $160 a month for about 6 months and last week we received a letter asking us to be part of a class action lawsuit against that supplement company because the supplements did not do what they claimed.
I feel that we've already thrown away $4,600 (plus the supplement money)with this guy and we don't have another $3,000 to give him. I would sincerely appreciate any advice as soon as possible since I think he will call me very soon again and I can't sleep worrying about how I can come up with that much money. Sorry this is so long!
Marie
AnswerHi Marie,
This is the very reason that most insurance companies do not like to pay Chiropractor bills. While some of them are good, many of them are just snake oil salesman.
When you make a settlement with an insurance company, it is a lump sum that includes all claims, bills, expenses, etc.. in exchange for a signed release. Once you have settled you can not go back to the insurance company for more money. It is your responsibility to pay for all services rendered and all services received out of the settlement.
That having been said there are a few things you canb try;
1) Have the Chiropractor provide you with a detailed billing showing exactly what you were billed for.
2) Have the bill reviewed by a medical coding specialist for inaccuracies.
3) deduct any inacuracies from the bill, then start negotiating. Start low. Perhaps offer $500.00 as settlement in full.
4) Do not pay him any money until you have an agreement in writing as to how much is to be paid and that that amount will be considered as payment in full.
5) If he refuses to reduce the bill or negotiate a settlement, you should file a complaint with the state board that regulates Chiropractors.
I hope this helps
Richard Hixenbaugh
